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4 <br />201407103 <br />L. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights <br />and powers under this Deed of Trust or under any loan instrument or other agreement or any laws now or <br />hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now <br />or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. <br />Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the <br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Benefi- <br />ciary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it <br />being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and <br />any other security now or hereafter held by Beneficiary of Trustee in such order and manner as they or either of <br />them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or <br />Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each <br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing <br />at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or <br />Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or inde- <br />pendently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of <br />them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from <br />seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />M. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any <br />notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of this Deed of Trust. <br />N. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In <br />the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such <br />conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the <br />conflicting provision, and to this end the provisions .of the Loan Instruments are declared severable. This <br />instrument cannot be waived, changed, discharged, or terminated orally, but only by an instrument in writing <br />signed by the party against whom enforcement of any waiver, change, discharge, or termination is sought. <br />O. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums <br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancella- <br />tion and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the <br />person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. <br />The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. <br />The grantee in any reconveyance may be described as "the person or persons legally entitled thereto ". <br />P. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, <br />demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request <br />or other communication shall be in writing and shall be effective only if the same is delivered by personal <br />service or mailed by certified mail, postage prepaid, return receipt requested, addressed to the address set forth <br />at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by <br />delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. <br />Q. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed <br />and acknowledged, is made a public record as provided by law. <br />R. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the Trust Estate or an <br />interest therein is sold, transferred, assigned, leased with or without an option to purchase, or conveyed, either <br />in whole or in part, whether voluntarily or involuntarily, by Trustor without Beneficiary's prior written consent, <br />excluding a transfer by devise, descent or by operation of law upon the death of a joint tenant, Beneficiary may, <br />at Beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. <br />Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer, assignment, lease or <br />conveyance, Beneficiary and Trustor reach agreement in writing that the credit of such person is satisfactory to <br />Beneficiary. The consent of Beneficiary to such a sale, transfer, assignment, lease or conveyance cannot be <br />unreasonably withheld. If Beneficiary has waived the option to accelerate provided in this paragraph, and if <br />Trustor's successor in interest has executed a written assumption agreement accepted in writing by Beneficiary, <br />Beneficiary shall release Trustor from all obligations under this Deed of Trust and Note. <br />